As you may know, your song (or your short story, painting, etc.) is protected as soon as it is "fixed in a tangible medium of expression Even without registering the copyright with the US Copyright Office, you have certain rights in your song. You can potentially stop others from using it. But, there are three main additional benefits to registration:
(1) it creates a presumption of ownership and validity, so long as you register within five years of the date on which you release the work to the public;
(2) if you register the work before it is infringed, in in any case within three months of the date of publication, then you may be entitled to statutory damages and attorney & # 39; s fees; and
(3) you do not have to wait to bring suit against an infringer (registration is almost [1] always a prerequisite to bringing suit).
Fortunately, registration is both cheap (especially comparable to its potential benefits) and easy. There is no register why you can not register your copies yourself. Copyright Office 's website. There are is so called "circulars" which explain everything from the nature of copyright to the exciting world of vessel hull registrations. a plain English explanation of the registration process and some helpful tips on registration generally.
The Cost of Registration and the Benefits of Filing Online
That 's good news, since filing your registration online with the Copyright Office only costs $ 35 per registration. To file online, visit the Copyright Once you register as as user (which you do have some basic information and creating a username and password). Before proceeding, you must register a user, you will be able to log in and file your registration online-you can even upload documents to satisfy your deposit requirement (more on that later).
The next cheapest method of registration is the Fill-In Form CO. Like it & # 39; d like to point out that you can still. 39; s name suggests, this is the same form you would not use if you eCO filed, it 's just what you can print it out and fill it in and mail it back to the Copyright Office. However, for that privilege the Copyright Office charges you $ 50.
If you are really old school and want to register using the old paper forms, [2] Then you may may be so for a fee of $ 65. The only real difference between these forms is the price. Clearly the copies of the form paper as much as possible, and the old paper forms are priced higher than the Fill-In Form CO because the latter use special barcode technology that is the same. Copyright If you can, then you should save money and time by eCO filing.
(2) payment of the registration fee; and (3) the submission of deposit. (3) the submission of deposit materials.
The Form
Once you create a user profile and log into your account, click on "Register a New Claim," and then "Start Registration." There are 12 parts to the application, most of which require some input from you, as described below.
(1) Type of Work
There are seven categories of works, and the work you are seeking to register must fit into. one of them:
Literary Work . Examples include books, computer programs, compilations, instruction manuals, and speeches.
Work of the Visual Arts . Examples include sculptures, paintings, photographs, murals, bumper stickers, decals, cartoons, games, greeting cards, and jewelry.
Sound Recording . Examples include any audio recordings (eg, of music, songs, and audio books).
Work of the Performing Arts . Examples include ballets, operas, and musical compositions.
Motion Picture / Audiovisual Work Examples include videos, films, and television recordings.
Mask Work . Example include semiconductor chip registrations (yes, you can register the copyright in those, too).
Single Serial Issue . Examples include periodicicals, newspapers, magazines, bulletin boards, newsletters, and journals.
But the plot thickens if you are, for example, seeking to register a book that contains a number photographs in it. "The Copyright Office advises you to pick the authorship that predominates the work.
If so a, then register it as a literary work. Conversely, if it is mostly a book of photographs that has some limited welcoming text, then register it as a I will not have to register the same work as both a literary work and as a work of. What if the forms of authorship are truly equal? Well, just pick the one you like best.. So long as you properly describe your contribution to the work in the eCO Form, you & # 39; ll be covered.
As you may know, songs can be divided into different copyright. Which the copyright in the sound recording, which is the recorded version of your song, and you have the copyright in the musical composition In the olden days, you had to register the copyright in the sound recording (as a sound recording) and the copyright in the musical composition (as a work of performing art).
And you can obtain obtain the copyright in the sound recording, and then make sure you properly describe your contribution to the work in a way that are the performance art elements, and you can obtain You can choose the sound recording copyright too. You must choose the sound recording category in order to capture both copyrights.
(2) Titles
Let 's say you picked Sound Recording and press "Continue" at the top of the screen. Remember to be careful when entering in the work of the name must exactly match the name If so, click "Continue" to proceed. (You & # 39; ll have a chance to the verify that you were used to distribute it to the public. this information later.)
The short answer is no. The Copyright Office is allow you to register songs as "collections." So long As you are the author of all songs (either the sole author or one of the contributing authors), then you can register as many songs as you want at once.
Note, though, that certainly restrictions may apply or unpublished and may not be the same across all works. These nuances are beyond the scope of this article, but you can always contact an attorney if you have any specific questions relating to that subject.
I will offer one word of caution with respect to registering songs in collection, this means that you are someone can steal every song in your collection, but because you registered the songs as one collection, you I have understand that most musicians can not afford to register I have understand that damaged for one act of infringement. songs.
This suggest a singles to register songs as to register songs as asing singles. Wait and see which songs from the record are copular in those. , you get the extra protection of an individual copyright registration, while also protecting the other songs in the collection.
(3) Publication / Completion
Whether or not a work has affect "what" must be submitted to the Copyright Office in order to register the work (what you must submit is known as the "deposit requirement", and it is one of the three elements you need to successfully register a copyright). Copyright Office says publication results from:
[T] A work is also "published" if there has already been offering to distribute copies to a group of persons for purposes A public performance or display does not, by itself, institute "publication."
The answer is "probably," but it depends. The above definition also in does not work. Still, if you posted the work on your private website that the only certain certainly assust that on the internet, People can access, then maybe it has been published as that process is defined above. Ultimately, you must decide that question yourself.
In the interest of space, I will not get into the nuances of those issues (by feel The question of how a work & # 39; s publication status affects what deposit materials you must submit is addressed in more detail below.
You must have completed a form that prompts you to enter some additional information, including the date on which the work was originally published. If you do not have an exact date, do not worry: just make an educated guess.
(4) Authors
If more than one person contributed copyrightable elements to a work, then you 'll need to list the various authors. First, if you are the author or one of the authors - click "Add Me." Then, select your contributions to the (in this case) sound recording.
Let 's say you wrote the lyrics, produced the track, done on the recording, and - because you recorded yourself recorded and did not transfer your copyright in the sound recording to a record company - you own a portion of the sound recording. Then you need add add autobors, then you may have so, listing their names and then their their contribution. Let 's say you need to add add Bob as Then you & # 39; d select those boxes for Bob. And so on and so forth for any other copyrightable contributions made to the sound recording.
For example, the guy who cleans the studio at night might be integral to your requirement to contribute to the warrant copyright protection in the first place. In fact, you & # 39; ll. Creative process, but he did not contribute copyrightable elements to the sound recording by merely being present in the studio. Now, if he picked up an instrument or suggested a chord change, then that is another issue. This practice protects you down the road if your song needs a not messing up with some musicleans signs work for hire agreement in which them assign their rights in the music to the band leader. hit and suddenly the guy who contributed handclaps to the record thinks he said part of the copyright in the song, and so part of the money it & # 39; s bringing in. But, again, that & # 39; s the subject of another article.
(5) Claimants
The claimant will often be the same copyright. For example, if you are registering your own song, and you own the But sometimes a record company will you transfer the copyright in the sound recording to them. In that case, they would list you as the author of the work, but then list themselves as the claimant. "Add Me."
(6) Limitation of Claim
Do fold song that is in the public domain, ie, it & # 39; sa folk song from the 1800s and you are using your own arrangement of it? Here is the part of the registration where you want want Typically, you 'll just leave these fields blank, but in the event one of these exceptions apply but you want to enter answering these questions honestly, you absolutely want your claim to be as broad as possible, so make sure you are not listing any unnecessary limitations here.
(7) Rights & Permissions
What if someone whispers your song and wants to use it in a blockbuster movie starring Will Smith & # 39; s son, Jaden? The information you are listing on this part of the form will allow allow person to contact you directly to license it from you. Listen the appropriate entity, and keep in the mind that list you information list. If you do not have your own personal information, you can not use your home address if you have a third party agent to use or acquire a post office box. Click "Add Me" if this is you and you do not mind your address being used.
(8) Correspondent
Sometimes this field will be occupied by your attorney 's contact information if he or she is completing the application for You. As before, click "Add Me" if this is you. This information will not appear in the public record, so you can use your home address if you & # 39; d like.
(9) Mail Certificate
Click this "Add Me" if this is you. This information will also be stored. not appear in the public record, so you can use your home address if you & # 39; d like.
(10) Special Handling
And you can not bring you a copy of the early registration is you someone else infringes your copyright? You can not bring a register before the act of infinite, then you & # 39; Why you have the registration in hand, unless you live in a jurisdiction where only filth is waiting up to eight additional months, or you pay $ 760 on top of the $ 35 registration fee to have the If you have have a "compelling reason" for the expedited registration. One of the listed "compiling reasons" is pending or prospective litigation. you do not need special handling, then skip this part of the form.
[11] Certification
Here is where you swear that all the information you entered is correct.
12 Review Submission
Here is where you double-check all of your information.
The Fee
Once the above steps are completed, you & # 39; ll need to pay.
The Deposit
___ ___ ___ 0 ___ ___ ___ 0 ___ ___ ___ ___ 0 The general rule for deposit materials is not unpublished, then you must submit one complete copy of the work, and if the work is published, then you must submit two complete copies or the "best edition" of the work. [ 3]
Similarly, for a literary (if upload the tracks if that is an option). work, you would simply be mail or upload either one or two copies of the novel, poem, etc., if you 're trying to register visual art, then this requirement will become a little confusing and in some cases very burdensome.
First, remember that showing the work publicly, without more "does not necessarily decide" publication. "So if you 're registering that painting you have hanging on a wall of an art gallery, then you' re probably registering an "unpublished" work, and as such will only have to submit what the copyright office explains to as "identifying material," ie, a photograph clearly depicting the complete work.
You are submit two complete copies of the work (which in this case would be the prints you are selling. Similarly, if you 're registering a three-dimensional sculpture, or art that is attached to a three-dimensional object, then whether the work is published or not, you still only need to submit identifying material, because submitting a copy is not practical.
Sound confusing? Fortunately, the Copyright Office is a good job of describing what deposit materials are needed for each kind of visual artwork. You can still seek relief under 37 CFR § 202.20 (d) - (e). Basically, those statutory provisions allow you to ask the copyright office to waive the requirement for you special circumstances-eg, if However, you must affirmatively ask for such a special relief in writing, and of course your request must be granted in order for your registration to proceed.
Final Thoughts
That 's not to be to put it "(c)" on the work in order to retain copyright protection, you should, as it puts the world on notice that a copyright is claimed. Making sure to put the "(c)" followed by the year of publication and then your name.
If you completed the eCOCO Form correctly, then that should be That day # submitted the completed online application. That work is on its way to the side of the book to be registered by the Copyright Office. Now go celebrate by creating (and then promptly registering) more art.
[1] I use the word "almost" here for some jurisdictions do allow you to initiate a lawsuit upon the filing of your registration. An attorney can help.
[2] Being, these forms are not used as much, these forms, the distinction between the various types of registrations is important, as will be seen.
[3] The "best edition" applications if the work is not different which edition edition was larger, was printed on better paper, had more colors, etc.
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